This is JoyAmaze® Affiliate Program Terms and Conditions that will govern your participation in the JoyAmaze® Affiliate Program.
PLEASE READ AND UNDERSTAND THE JOYAMAZE® AFFILIATE PROGRAM TERMS AND CONDITIONS (HEREAFTER REFERRED TO AS “TERMS”) CAREFULLY. THE JOYAMAZE® AFFILIATE PROGRAM (HEREAFTER REFERRED TO AS “AFFILIATE PROGRAM” OR “PROGRAM”) IS AN INTERNET MARKETING PROGRAM ESTABLISHED BY JOYAMAZE® INC. (HEREAFTER REFERRED TO AS “JOYAMAZE®”, “COMPANY”, “US”, “WE” OR “OUR”). THESE TERMS IS BETWEEN US, JOYAMAZE® INC. AND YOU (“AFFILIATE”, “YOU” OR “YOUR”), INDIVIDUALLY OR COLLECTIVELY DEPENDING UPON THE CONTEXT; AN INDIVIDUAL PARTICIPANT OF THE PROGRAM OR ON BEHALF OF AN ENTITY TO PARTICIPATE IN THE PROGRAM. IF YOU ARE REPRESENTING AN ENTITY, YOU ARE CONSIDERED TO HAVE ACCEPTED THESE TERMS ON BEHALF OF THAT ENTITY. BY CHECKING THE BOX BELOW THE TERMS IS LOCATED, YOU ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS STATED HEREIN WITH THE EFFECTIVE DATE IS THE DATE ON WHICH YOU CHECK THE BOX.
THE TERMS IS EFFECTIVE BETWEEN US AND THE AFFILIATE FOR AS LONG AS THE AFFILIATE CONTINUE TO REMAIN IN THE PROGRAM. JOYAMAZE® RESERVE THE RIGHTS TO ADD, CHANGE, MODIFY AND/OR REVISE THE TERMS WITHOUT ANY NOTICE, AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY ADDITIONS, REVISIONS, OR MODIFICATIONS THAT WE MAY HAVE MADE TO THESE TERMS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER SUCH ADDITIONS, REVISIONS, OR MODIFICATIONS WILL CONSTITUTE YOUR ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS. IF YOU DISAGREE WITH THE ADDITIONS, REVISIONS, OR MODIFICATIONS THAT WE MAY HAVE MADE TO THESE TERMS, YOU MUST TERMINATE YOUR ACCOUNT AND LEAVE THE PROGRAM IMMEDIATELY.
CONDITIONS FOR PARTICIPATION IN THE AFFILIATE PROGRAM:
- AN INDIVIDUAL MUST BE AT LEAST 18 (EIGHTEEN) YEARS OLD ON THE DATE OF APPLICATION TO JOIN THE PROGRAM, EITHER AS AN INDIVIDUAL PARTICIPANT OR TO REPRESENT AN ENTITY;
- MUST BE RESIDING IN THE UNITED STATES AND PRODUCE AN ACCURATE U.S ADDRESS;
- IF YOU ARE AN INDIVIDUAL, YOU MUST BE ABLE TO PRODUCE A VALID SOCIAL SECURITY NUMBER. IF YOU REPRESENT AN ENTITY, YOU MUST PRODUCE A VALID EMPLOYER TAX ID NUMBER. YOU WARRANT THAT ANY AND ALL PRESENTATION YOU MAKE ABOUT YOUR PERSON OR ENTITY ARE ACCURATE, CURRENT AND COMPLETE UNDER THE PENALTY OF PERJURY. YOU ARE PROHIBITED FROM IMPERSONATING OTHER PERSON, LIVING OR DEAD FOR ANY REASONS;
- IS NOT A SUPPLIER, VENDOR OR PROVIDER OF GOODS OR SERVICES TO JOYAMAZE® INC.;
- OWN OR RUN A WEB SITE OR A SOCIAL MEDIA PAGE (NOT LIMITED TO BLOG, FACEBOOK, TWITTER) OR AT LEAST A VALID E-MAIL ADDRESS. YOU MUST PROVIDE ACCURATE LINK OF YOUR WEB SITE(S) OR SOCIAL MEDIA PAGE IN THE APPLICATION WHEREBY YOU WARRANT THAT YOUR WEB SITE(S) OR SOCIAL MEDIA PAGE FOLLOW(S) THE STANDARD ENFORCED BY JOYAMAZE®. THE STANDARDS ARE, BUT NOT LIMITED TO:
- PROMOTING VIOLENCE AND/OR CONTAINS VIOLENT MATERIAL; OR
- PROPAGATING OBSCENITY AND/OR CONTAINS PORNOGRAPHIC MATERIAL; OR
- PROMOTING DEFAMATORY ACTS AND/OR CONTAINS LIBELOUS MATERIAL; OR
- PRACTICING AND/OR CONTAINS DISCRIMINATING MATERIAL BASED ON BUT NOT LIMITED TO RACE, GENDER, RELIGION, NATIONALITY, DISABILITY, SEXUAL ORIENTATION OR AGE; OR
- CONTAINS INFORMATION WHICH COMPROMISES STATE AND/OR NATIONAL SECURITY; OR
- INVOLVE AND/OR PROMOTE ILLEGAL GOOD, SERVICES OR ACTIVITIES; OR
- CONTAINS CONTENT THAT INFRINGES UPON THE LAWFUL RIGHTS AND INTERESTS OF A THIRD PARTY, AND/ OR CONTAINS INSULTS OR SLANDERS OF A THIRD PARTY; OR
- CONTAINS CONTENT THAT IS PROHIBITED BY LAWS OR ADMINISTRATIVE REGULATIONS; OR
- MAKE UNSTUBTANTIAL OR UNAUTHORIZED MEDICAL CLAIMS ON ANY OR ALL JOYAMAZE® PRODUCTS; OR
- INSTALL SOFTWARE TO DIVERT VISITOR AND/OR COMMISSION OF OTHER AFFILIATE TO YOUR ACCOUNT.
IF YOU ARE USING E-MAIL DO TO THE AFFILIATE MARKETING, THE E-MAIL MUST NEVER CONTAIN ANY OF THE UNSUITABLE CONTENTS FROM (a) TO (i) AS STATED ABOVE. ALSO REFER PART 3.2.
THE CONTENTS LISTED ABOVE CAN AFFECT THE IMAGE, BRAND NAME AND THE SPIRIT OF JOYAMAZE®, THEREFORE JOYAMAZE® RESERVES THE RIGHT TO DISAPPROVE ANY APPLICATION AND/OR TERMINATE ANY AFFILIATE ACCOUNT THAT IS DEEMED UNSUITABLE TO THE STANDARD OF JOYAMAZE®. FAILURE TO COMPLY WITH ANY OR ALL THE CONDITIONS STATED ABOVE WILL CAUSE REJECTION IN THE APPLICATION OR TERMINATION FROM THE PROGRAM.
THE JOYAMAZE® AFFLILIATE PROGRAM TERMS AND CONDITION IS AN AT-WILL AGREEMENT. JOYAMAZE® RESERVE THE RIGHT TO TERMINATE THIS AGREEMENT FOR ANY OR NO REASON. HOWEVER, IN CERTAIN CASES WE MAY SERVE YOU A WRITTEN NOTICE OF TERMINATION. IN CASE OF TERMINATION, YOU ARE NOT ENTITLE FOR ANY TYPE OF PAYMENT OR COMPENSATION WHATSOEVER EXCEPT FOR MAYBE, SALES COMMISSIONS EARNED BEFORE THE DATE OF TERMINATION.
JoyAmaze® is the sole proprietor of the information collected via the Program. We may collect personal and non-personal identification information from Affiliate. JoyAmaze® view individual privacy of Our Affiliate privacy and their visitors’ as the utmost important information thus treats it as confidential information. However, JoyAmaze® reserves the right to disclose Your personal information where it is required to do so due to unlawful activity on Your part.
DEFINITION OF WORDS USED IN THE PROGRAM AND JOYAMAZE® AFFILIATE PROGRAM AGREEMENT
1.1 Affiliate is:
- An individual that has registered a JoyAmaze® Affiliate Account and has agreed with the Terms, and has been approved by JoyAmaze® Inc. to participate and is participating in the Affiliate Program; or
- An entity that has registered a JoyAmaze® Affiliate Account and has agreed with the Terms, and has been approved by JoyAmaze® Inc. to participate and is participating in the Affiliate Program. An entity is a juridical person that forms a corporation, a company, a trust, a government agency or a private agency, as recognized by law.
1.2 Joyamaze® Affiliate Program is an internet marketing program where the Affiliate generates traffic via Qualifying Links placed in Affiliate’s web site(s) or social media page or e-mail to link to the JoyAmaze® online store, located at shop.joyamaze.com. This Program is a voluntary participation program and You can terminate Your participation at any time.
1.3 Visitor is any person or user that clicks on a Qualifying Link placed on the Affiliate’s site(s), social media page or e-mail.
1.4 Customer is any visitor who buys product through this Program. They are JoyAmaze® customers with respect to all activities they undertake in connection with the Company's online store. Accordingly, as between You and the Company, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Company's online store will apply to those customers, and We may change them at any time.
In the event Your referred customer, who came to the Company's online store via Your web site(s), page or e-mail, becomes a participant in the JoyAmaze® Affiliate Program, You will not be entitled to any further commission from sales of that customer. However, if the Your referred customer register as Your Affiliate downline member, You are entitle for 5% commission from the downline total sale.
1.5 Qualifying Link (hereafter referred to as “Link”) is a hyperlink in the form of text, a product image, button, banner, video, or any other formats created and approved by the Company and is placed on an Affiliate’s web site(s), social media page or distributed via e-mail that, when clicked on, transport a visitor to JoyAmaze® online store and track compensable activities of the visitor in the online store.
If an Affiliate distribute or plan to distribute the link(s) on or to other site(s) not owned and operated by the Affiliate, You therefore must agree and provide JoyAmaze® the accurate web page(s) where the link(s) is/are situated or planned to be distributed. Should there be any requests, complaints, claims or other issues raised by any other Program members towards JoyAmaze® regarding where and links are distributed and/or used, You MUST immediately provide a reasonable co-operation to JoyAmaze® which may include ceasing further distribution of link(s) and/or removal of existing link(s), as appropriate. Refer section 3.4 for more information.
1.6 Net Sales is gross sales revenue minus returns and refunds, discounts, allowances, markdowns, temporary price reductions, rebates, defective product, any shipping and handling charges, local taxes, and any other miscellaneous fees, and/or any other losses or reductions.
1.7 Qualifying Purchase is a successful online store purchase made by a visitor turned customer sent via link on the Affiliate’s web site, or social media page, or distributed via e-mail by the Affiliate and/or when a customer uses a Coupon Code assigned to the Affiliate and made a successful online purchase whereupon the product is not returned and refunded. See Section 4.1 until 4.5 for more comprehensive understanding.
1.8 Sales Commission is a certain percentage of the Net Sales agreed by JoyAmaze® to pay the Affiliate for customers referred to JoyAmaze® online store and resulted in successful paid online purchase of JoyAmaze® product. The sale may occur at the time of the visit or at any other time after the initial visit, where the Sales Commission is tracked by:
- Non-expiration Tracking Cookie; and
- Non-expiration IP Address tracking log; and/or
- Coupon Code used for payment transaction at JoyAmaze® online store.
1.9 Joyamaze® Affiliate Account (hereafter referred to as “Account”) is Your registered account within JoyAmaze® Affiliate Program. This is where the Sales Commissions are credited.
An Affiliate can only register one (1) account whereby You can registered as many web sites or social media sites or e-mail You own and run, for the Program. If You want to register for more than one (1) account You must first obtain JoyAmaze® written approval from JoyAmaze®. JoyAmaze® reserve the right to accept of refuse Your application for multiple Affiliate Accounts.
As a part of the registration process, You will need to select a username and password. The password and username can be used to access the JoyAmaze® Affiliate Account Manager.
1.10 VOID is reversal of a Sales Commission previously earned by you for a sale that is later returned for a refund or a sale later rescinded or corrected by JoyAmaze® as it is deemed fraudulent, duplicate transaction, violation of, and/ or non-compliance with the TERMS.
1.11 Proprietary Term is a keyword, keywords strings, search term, or other identifier that include the words but not limited to "JoyAmaze U.S", "JoyAmaze beverage", "JoyAmaze Coffee", "JoyAmaze.com", “Joy beverage U.S”, “Amaze beverage U.S” “JoyAmaze gourmet beverage”, “JoyAmaze functional beverage”, “JoyAmaze gourmet coffee”, “JoyAmaze functional coffee” or any other of Our trademarks, or variations or misspellings which include by adding numbers to any of those words or trademarks.
1.12 Paid Placement is a STRICTLY PROHIBITED practice. It is a paid advertisement or sponsored link that You won through competitive bidding on Proprietary Terms in keyword auctions whereby the listing is guaranteed to appear on result page.
1.13 Paid Inclusion is a STRICTLY PROHIBITED practice. It is a paid advertisement in which You buy or register the Proprietary Terms with a search engine and the words are guaranteed to appear on result page.
1.14 Unsolicited Advertising is a STRICTLY PROHIBITED practice. An Affiliate must not either direct or indirect, via electronic or any mode of communication, encourage any individual and/or entity to purchase JoyAmaze® product. See section 3.2 for more information.
1.15 Fraudulent Transaction is a STRICTLY PROHIBITED practice. You are prohibited from using any device, program, robot and/or any types of frame to mislead Your Visitor to conduct any transaction and/or You Yourself pose as Customer.
1.16 Resource is, without limitation; information, images, services, products, and tools We provide for You, either directly or indirectly. You agree to use these Resources only for the purpose that is permitted by JoyAmaze®.
RESPONSIBILITIES AND WARRANTIES OF AFFILIATE
All items stated in this section falls under the Affiliate responsibility:
2.1 The program registered site(s) or social media page maintenance, development, operation, including technical operation, and management of material that appear in or on the site(s).
2.2 Ensure the technical operation and its related equipment in displaying the program links and content are in compliance with this agreement and any other agreement which include restriction and requirement between other individual and/or entity that host(s) Your site(s) and You.
2.3 Ensure the accuracy, completeness and appropriateness of materials and contents posted on the site(s) that include JoyAmaze® product descriptions, product-related materials and any information You include in or associate with the program links.
2.4 Ensure no infringement, violation, misappropriation of rights either of JoyAmaze® or any individual or entity which include but not limited to copyrights, trademarks, privacy, publicity or other intellectual property or propriety rights.
2.5 Conduct ethical marketing strategies and follow and comply with the CAN-SPAM Act of 2003, Federal Telephone Consumer Protection Act of 1991 and the Federal Trade Commission's Telemarketing Sales Rule.
2.6 You hereby agree to defend, indemnify, and hold Us, Our affiliates and licensors, and Our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses. The Company shall have no liability for the aforementioned matters or for any of Your Visitors claims relating to these matters:
- Your site (development, design) or any materials (production, advertising, promotion, or marketing) or the combination of Your site and the materials with other applications, content, or processes that appear on and/or within the site;
- Use of any Resources, whether or not You receive authorization for such use, that violates this Terms and Conditions or violates applicable law;
- Violation of any of the Terms stated in this Term and Condition by You; or
- Negligence or willful misconduct by You or Your employees.
2.7 Promptly contact JoyAmaze® (i.e in less than 48 hours) if You noticed JoyAmaze® and/or its products are either directly or indirectly being inquired by or under inspection or investigation by any governmental entity.
2.8 The confidentiality of the account username and password and restrictive access to the account is under Your responsibility. You also agree to bear the responsibility for activities that happen under Your account whether or not authorized by You. Should You become aware of breach of security of Your account including but not limited to loss, theft, or unauthorized disclosure of your username and password, You must promptly notify us at firstname.lastname@example.org. We reserve the right to terminate Your account if any fraudulent, abusive or illegal activity is discovered. Such cases will be referred to the appropriate law enforcement agencies.
2.9 You must to provide accurate, truthful, correct, and up-to-date information about Yourself (such as but not limited to contact and tax information) and Your Program registered web site(s) social media page or e-mail address. If You deactivate Your e-mail that is associated with the Program, You must immediately inform Us of the new e-mail. JoyAmaze® may send e-mail relating to the Affiliate Program and the Terms to the deactivate e-mail. You hereby shall be deemed to have received e-mail sent to that deactivated email address. Should you decide to deactivate Your current affiliate program registered web site, create a new site to replace the current one or added new website(s) to the list of Your Program registered site, you must inform JoyAmaze® immediately of the changes.
2.10 You must describe all promotional methods used and will be used accurately. If requested by Us, You may even need to provide additional information regarding the promotional methods. JoyAmaze® reserves the right to accept or to refuse the promotional method. If We decide the promotional methods as ‘Special Promotion’, you need additional approval from JoyAmaze® to run such Special Promotion.
2.11 You hereby agree that the information contain in Your web site(s) is solely owned by You, as an individual participant, or provided by You with the express authority of the entity You represent. The information must not infringe upon any other individual's or organization's rights.
2.12 You hereby consent to JoyAmaze® continuous monitoring either through investigating and/or crawling Your site or social media page or demand carbon copy of Program related e-mail that You sent out to verify Your compliance with these Terms. You hereby consent to JoyAmaze® recording, using, and disclosing information about Your site and its Visitors obtain the from monitoring and via qualifying links.
UNACCEPTABLE AND/OR PROHIBITED ADVERTISING ACTIVITIES OF AFFILIATE
- TERMINATE JOYAMAZE® AFFILIATE PROGRAM TERMS AND CONDITIONS BY GIVING YOU WRITTEN NOTICE; AND/OR
- DISABLE OR TERMINATE YOUR ACCOUNT WITH IMMEDIATE EFFECT WITHOUT NOTICE.
3.1 Use of Qualifying Link and Proprietary Term. Either with or without intention, Affiliate is STRICTLY PROHIBITED from:
- Modify affiliate commission tracking cookies and causing it to overwrite through any other than a Visitor initiated click on a link, either on Your web site, social media page or e-mail;
- Using software to intercept searches on search engine to redirect traffic through, causing a user to end up in the Affiliate web site or social media page before arriving at JoyAmaze® online store;
- Set commission tracking cookies through loading of JoyAmaze® online store in iFrames, hidden links, or automatic pop-ups that open the JoyAmaze® online store;
- Invading other affiliate’s web site for contextual marketing, remove, replace or block the visibility of their affiliate banners with any Your Program banners;
- Includes JoyAmaze® or any variation or misspelling of the word in the Affiliate’s web site(s), social media page, e-mail and even in the web address and e-mail address.
3.2 All JoyAmaze® products are considered as beverages. Despite being added with adaptogenic plant extracts, the products are NOT health supplements, therefore do not need USFDA approval. However the functional ingredients used by JoyAmaze® are USFDA approved. The information we provided in all Our web sites, or provided at Your request is for general information purposes only. We DO NOT give information and DO NOT sell products for the purposes of diagnosing, treating, curing or preventing any illness or disease. When in doubt it is best to consult personal physician or health care specialist should anyone have any question or worries regarding their health.
The prohibitions stated in this Section apply to any or all means of communications, either oral or written, printed or electronic including but not limited to any and all social media such as Twitter, Facebook, web board, chatrooms, and online channels such as but not limited to, e-mail, webmail and Instant Messaging.
- AN AFFILIATE IS STRICTLY PROHIBITED TO ADVERTISE JOYAMAZE® OR JOYAMAZE® PRODUCTS USING ANY HEALTH CLAIMS. YOU MUST COMPLY WITH ANY GUIDELINES IMPOSED BY JOYAMAZE® TO YOU FROM TIME TO TIME REGARDING THE JOYAMAZE® STANDARDS WHICH INCLUDES THE AVOIDANCE OF UNAUTHORIZED HEALTH CLAIMS OR UNSUBSTANTIATED HEALTH CLAIMS; AND/OR
- AN AFFILIATE MUST PROVIDE ANY MEDICAL ADVICE AND/ OR LINK OUR COMPANY AND OR PRODUCT WITH ANY MEDICAL CLAIMS. JOYAMAZE® AND ITS ENTIRE PRODUCTS ARE NOT FOR DIAGNOSING, TREATING, CURING OR PREVENTING ANY ILLNESS OR DISEASE.
3.3 UNSOLICITED ADVERTISING. PRINTED OR ELECTRONIC, WRITTEN OR ORAL, AN AFFILIATE IS STRICTLY PROHIBITED FROM ENGAGING IN UNSOLICITED ADVERTISING. THE EXAMPLES OF UNSOLICITED ADVERTISING ARE, BUT NOT LIMITED TO; SPAM, TELEMARKETING AND JUNK MAIL. YOU ARE ALSO STRICTLY PROHIBITED FROM USING E-MAIL EXTRACTOR TO OBTAIN E-MAIL ADDRESSES FROM JOYAMAZE® WEB SITES AND E-MAIL. JOYAMAZE® HAVE THE RIGHT TO COLLECT, WITHHOLD, OR CANCEL ANY AND ALL COMPENSATION RELATED TO THE CONTENT YOU ADVERTISE VIA UNSOLICITED ADVERTISING.
3.4 Following the use of Qualifying Link provided by JoyAmaze® (also refer to section 4.7), You are STRICTLY PROHIBITED from:
- Interfering (i.e. modifying, circumventing, impairing, tempering or disabling) with any technology featured in the link required or made available by JoyAmaze® for compensable tracking activities; or
- Altering (i.e. modifying, resizing, reformatting, tempering or editing) any content and/or trademark of the link provided by JoyAmaze®, unless specifically permitted to do so by Us. In such event, any such modifications are strictly limited in accordance with such JoyAmaze® specific authorization;
- Placing Your link in JoyAmaze® web site(s), in another affiliate’s web site(s), in any online message boards, chatrooms including IRC channel, guestbooks, counters, and link farms, blog(s) not own by the Affiliate, spam e-mail and other types of unsolicited e-mails, web mails and instant messaging services,.
You are to remove any of JoyAmaze® Resources from Your site(s) that JoyAmaze® deems obsolete for any reason, at our request.
3.5 You are STRICTLY PROHIBITED from issuing or making any public statement including but not limited to, press releases, advertisement or Solicited Advertising materials on Your web site or any other site regarding:
- JoyAmaze® Affiliate Program Terms and Conditions;
- JoyAmaze® name or referencing JoyAmaze®'s products; and/or
- Endorsement by JoyAmaze® of You, either as suggestion or implication without the prior written approval of JoyAmaze®, which JoyAmaze® may withhold in its sole and non-restricted discretion.
3.6 As an Affiliate you may receive or given access to sensitive, confidential, and/or proprietary information of the JoyAmaze®, refer section 5.8. You are STRICTLY PROHIBITED from:
- disclosing the any means of information as stated to any person or entity; or
- using the information either for your own benefit or the benefit of any other individual or entity, without the express prior written consent of the JoyAmaze®. You are not to use the information for the purpose of soliciting, or to permit any others to solicit, or to subscribe to any other services or promote the sale of any product which competes, either directly or indirectly, with JoyAmaze® Inc.
3.7 Design the web site(s) to resemble or disguise as JoyAmaze® online store or web site or create fake JoyAmaze® social media page or send e-mail pretending from JoyAmaze®.
JoyAmaze® INC. ROLES
The Sales Commission and current Sales Commission structure information is not stated in these TERMS. The information is available in the Affiliate FAQ section from JoyAmaze® Online Store including the current Sales Commission payout structure.
4.1 Affiliate will receive Sales Commission from Customer successful and authorize sale transaction made via the program links, tracking cookies and/or coupon Code Usage from the Affiliate site(s). The percentage of the commission may change from time-to-time by JoyAmaze® under the terms listed in this Terms and Conditions.
4.2 JoyAmaze® collects all sales statistics to calculate the Sales Commission. The Sales Commission is determined from the sales statistics only. Please refer JoyAmaze® Affiliate web site for payment structure and other related information.
You can choose method of payment from the following options:
- by product voucher*;
- paper check;
- via PayPal;
- via wire transferred which is only offered form monthly commission payment exceeding USD 1000.
* if an Affiliate wanted to convert his/her Sales Commission into product voucher, the Affiliate must e-mail Us with the request at email@example.com with the title “Conversion of commission to product voucher.”
4.3 JoyAmaze® reserves the right to deduct Sales Commission that is accredited to Your account in the event of Void. Should Your account balance is less than the Void, We will deduct it from Your accredited future Sales Commission.
4.4 Excluding Qualifying Purchase, Affiliate will not be paid Sales Commissions on without limitation, any of the following:
- Failure of tracking any product purchase due to the links from the Affiliate site(s) to the JoyAmaze® online store are not properly and/or wrongly formatted;
- Any product that is purchased for resale and/or commercial use of any kind;
- Any product purchased after termination of these Terms;
- Any product purchased by a customer who is referred to the JoyAmaze® online store through a Paid Placement. Refer section 1.12 for complete understanding.
4.5 If You are a resident or citizen of the United States, a U.S Corporation or the business that You run is taxable in the U.S, We may be obligated to obtain tax information and a verified copy of Your valid government-issued photo identification to confirm Your identity, from You. We may in addition to other rights withhold the payment of Sales Commission until You provide the information or able to verify to Us that You are not a person from whom We are required to obtain tax information.
4.6 JoyAmaze® grants You a non-exclusive, limited, revocable right to use JoyAmaze® provided trademarks and banners in accordance with the Terms stated herein. Without contest, JoyAmaze® is the sole owner of all intellectual property rights including but not limited to trademarks, copyrights, patent rights, or applications, trade names, and service marks and rights in and to any of its derivatives. All Resources including but not limited to images, technology provided for your use is the sole property of JoyAmaze® and no part of them shall be deemed given and/or licensed to you except as explicitly provided for in this Terms and Conditions.
4.7 JoyAmaze® reserves the right to terminate Your license to use the Resources with immediate effect if JoyAmaze® believes that such use undermine the value of the Resources. You shall not make or create any environmental associations with JoyAmaze’s trademarks. You acknowledge that Your use of the Resources will not create in You, nor will You represent that You have, any right, title, or interest in or to the Resources other than the license granted by Us as stated above. You will not attempt to register any of the Resources or Your interest therein as a licensee, challenge the validity of license of JoyAmaze®’s Resources, or, nor will You adopt any derivative or similar names, brands, or create any combination of marks with the Resources. You acknowledge JoyAmaze®’s ownership and exclusive right to use the Resources and agree that all goodwill arising as a result of the use of the Resources shall inure to the benefit of JoyAmaze®.
4.8 Should a termination of Your account and/ or these Terms happen, you are to remove any trademarks, banners and any other material referencing JoyAmaze®, immediately or cease sending e-mail promoting JoyAmaze® and its product.
5.1 The Joyamaze® Affiliate Program Terms and Conditions does not create any relationship between the Affiliate and JoyAmaze® Inc. On the site(s) registered for the program you are REQUIRED to clearly state the following statement, or one similar in form and substance, on your site:
"This is an affiliate ad supported (web site/ social page/ e-mail/ – choose the one appropriate to you) which means, if you buy something from a link or ad on this site or e-mail, or based on my recommendation or using a special coupon code, either expressed or implied, (I/we/the company – choose the one appropriate to you) may be paid an affiliate commission by the company from which you have made the purchase”.
5.2 In reference to JoyAmaze®, you can only identify yourself as an Affiliate. You are prohibited from misrepresent or embellish the relationship between the JoyAmaze® and you including but not limited to expressing or implying that JoyAmaze® supports, sponsors, endorses, or contributes to any charity or other cause), or express or imply any relationship or affiliation between the JoyAmaze® and you or any other person or entity except as expressly permitted by this Agreement.
5.3 There is no fiduciary either of principal and agent, partnership, joint venturer, employer and employee or any similar relationship between you and JoyAmaze®. You are strictly prohibited from making any promise, warranty, or representation on behalf of the company or obligate or attempt to obligate the company in any manner. You shall not represent to any person that you are an agent of the JoyAmaze®, nor fail to correct any misunderstanding as to such status.
5.4 For the convenience of visitors to Our online store, the web site may contain Resources such as but not limited to interviews, discussions, press releases, product pictures, product description, testimonies and other relatable information about JoyAmaze®, Our business and Our services which include links to third-party web sites that contain such Resources. The Resources provided in the web site is on an “As Is” and “As Available” basis, JoyAmaze®, disclaim any duty or obligation to update any Resources. Statements concerning companies other than JoyAmaze® that are contained in any such Resources should not be relied upon as being provided or endorsed by Us. The opinions expressed in any Resources, including by employees and agents of JoyAmaze®, are solely those of the author(s) and do not necessarily reflect those of JoyAmaze®.
5.5 JOYAMAZE® INC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS REGARDING THE AFFILIATE PROGRAM OR ANY SERVICES OR PRODUCTS PROVIDED WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
5.6 JoyAmaze® shall not be liable for any damages either special or incidental or consequential arising out of and/or related to these Terms, and/or JoyAmaze®'s performance or failure to perform any of its obligations as stated here.
5.7 JoyAmaze® shall not be liable, in connection with these Terms, for damages in excess of the collective amount of Sales Commissions earned by an Affiliate for the previous three (3) months prior to the incident giving rise to the relevant claim. This limitation applies to all causes of actions in the collection that arise out of or in connection with this Terms including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other theories of tort or contractual liability.
5.8 In connection with the Program and these Terms, JoyAmaze® may disclose to you and/or you may receive or given access to sensitive, confidential, and/or proprietary information of the JoyAmaze® which may include but not limited to:
- the identities of and/or contact information for other Affiliates, brokers, customers, distributors or vendors of JoyAmaze®;
- physical data, sales data, technical data, and data security information;
- physical data, sales data, technical data, and data security information;
- Business information such as business processes, methods, or marketing strategies. Except as required to perform your obligations under and in accordance with the terms of these Terms.
You hereby acknowledge and agree that any breach or threat to breach of this particular part of these Terms may cause immediate and irreparable harm and/or damages to JoyAmaze® which would not be adequately and fully compensated by money. It is JoyAmaze® rights to seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
5.9 You are not to offer and JoyAmaze® WILL NOT accept any ideas or information You consider to be confidential and/or proprietary. The types of information JoyAmaze® accept are: Affiliate personal information, Affiliate non-personal information (the type of browser, the type of electronic devices and technical information, means of connection to Our online store, i.e. the operating system and the Internet service providers’ used and other similar information). If You submit any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback to JoyAmaze®, it shall be deemed to be non-confidential and non-proprietary and JoyAmaze® shall have no obligation for such submission, unless otherwise expressly agreed in writing by JoyAmaze®. Such submission is also free and you are not to demand any compensation from JoyAmaze®. Your Submissions should never be unlawful, threatening, abusive, false, libelous, defamatory, obscene, pornographic, profane, or otherwise infringing or objectionable content or material of any kind. You hereby grant JoyAmaze® a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license (with right to sublicense, to reproduce, publicly display, distribute, and perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the submissions for any purpose and in all forms and all media at any time). At any time, You are and shall remain solely responsible for the content of submissions You make. You are also to acknowledge that JoyAmaze® is not obligated to respond to or use the submitted information.
5.10 By joining the JoyAmaze® Affiliate Program, You agree to comply with the JoyAmaze® Affiliate Program Terms and Conditions and with all policies and procedures instituted by Us. As creator of the JoyAmaze® Affiliate Program, JoyAmaze® Inc. reserves the right to monitor your Program registered web site(s) or social page or demand you to submit carbon copy of Program related e-mail and ensure that You are in compliance with this Terms and Conditions. If You are found to have failed to be in compliance with any or all Terms stated herein, JoyAmaze® reserves the right, to withhold Sales Commissions, suspend and/or terminate Your Account(s), at its sole discretion.
5.11 You hereby agree not to involve in Solicited Advertising activity or Solicited Advertising services for the marketing purpose of the Program.
5.12 Severability. In the event any Terms of this Terms and Conditions shall be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the enforceability or interpretation of any other terms in this Terms and Conditions. In the event of such a ruling, this Terms and Conditions will be constructed and enforced as if such invalid or unenforceable Terms did not exist.
5.13 Written Notice. Any notice i.e. request, approval, authorization, consent, demand or other communication by any party related to this Terms and Conditions shall be in writing and shall be:
- Given by delivery in person with confirmed receipt; or
- Sent by facsimile with time of transmission printed in facsimile transmission report; or
- E-mail with the time and date of transmission is stamped by the sender’s systems; or
- Overnight air delivery with confirmed receipt; or
- Prepaid certified mail with return receipt requested; or
- Next day delivery day with confirmed receipt; or
- Regular mail by registered or certified United States mail, postage paid by sender with the proof of delivery must be received on the sixth (6th) day after the mailing.
5.14 Governing Law and Jurisdiction. Our online store shop.joyamaze.com is controlled by JoyAmaze® Inc. It can be accessed by users in the U.S. By accessing Our web site, You agree to obey the statutes and laws of Our state i.e. the Laws of the State of California, disregard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of these web sites and the purchase of any products or services through this site; shop.joyamaze.com
Furthermore, any action to enforce these TERMS and/or the web site shall be brought in the federal or state courts of California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or forum non conveniens to such courts.
If you have any enquiries and/or comments about our JoyAmaze® Affiliate Program Agreement as stated above, you can contact us at:
The Joyamaze® Affiliate Program Terms and Conditions and related materials may be translated into different languages. In the event of any conflict or inconsistency between any term in this English language version and any translation thereof in any other language, the English version shall prevail.
This document was last updated on August 11, 2014.